Federal judge revives lawsuit against Oklahoma County, sheriff

<br>OKLAHOMA CITY (AP) _ A federal judge has revived a lawsuit against Oklahoma County and Sheriff John Whetsel by a former inmate who alleges her baby died in the county jail because she was denied medical

Friday, October 4th 2002, 12:00 am

By: News On 6

OKLAHOMA CITY (AP) _ A federal judge has revived a lawsuit against Oklahoma County and Sheriff John Whetsel by a former inmate who alleges her baby died in the county jail because she was denied medical care.

U.S. District Judge Tim Leonard on Thursday issued an order setting aside the ruling in favor of the county and ordered a new trial in the case of Debra Ann Smith.

Smith said jail employees ignored her pleas for medical care during her stay at the jail in March 1998. She said on March 18, she gave birth to a premature baby boy who died because of a lack of medical attention.

The defense maintained during the trial that it was a fetus that was spontaneously aborted.

Eight jury members decided unanimously in the county's favor, and Smith's lawyers filed for a new trial.

``The court has examined the evidence adduced at trial and determined that a new trial must be granted,'' Leonard said in his ruling.

The court found the jury's verdict was ``against the weight of the evidence,'' he wrote.

Smith's attorney, Mark Hammons said it's rare for a new trial to be granted.

His client had not heard the news on Thursday.

````She was devastated by the jury's verdict. I know that she will be thrilled with the judge's decision,'' Hammons said.

Whetsel said he was disappointed with the decision.

``This case went before a jury of citizens many months ago,'' he said. ``It was very difficult for me and my family to go through that and we'll have to go through that again.''

Whetsel said he is confident the new trial will have the same result.

A new trial is scheduled for Dec. 9 in Oklahoma City federal court.